Trash-Filled Apartment

July 31, 1996

LVT Number: 10813

Landlord sued to evict tenant for nuisance based on the condition of tenant's apartment. The court ruled for landlord but delayed eviction to give tenant a chance to remove any newspapers, clothes, garbage, empty bottles, and boxes that were strewn about the apartment. Tenant didn't comply with the stipulation to clean up. Landlord asked the court to permit the eviction. The court ruled for landlord, and tenant appealed and lost.

Landlord sued to evict tenant for nuisance based on the condition of tenant's apartment. The court ruled for landlord but delayed eviction to give tenant a chance to remove any newspapers, clothes, garbage, empty bottles, and boxes that were strewn about the apartment. Tenant didn't comply with the stipulation to clean up. Landlord asked the court to permit the eviction. The court ruled for landlord, and tenant appealed and lost. Photographs, the managing agent's testimony, and tenant's own admissions showed that the condition of tenant's apartment created a health and fire hazard both for tenant and other tenants in the building. Tenant hadn't corrected this condition, so eviction for nuisance was proper.

Stahl Assocs. v. Siegel: NYLJ, p. 25. col. 2 (7/9/96) (App. T. 1 Dept.; Parness, JP, McCooe, Davis, JJ)

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